The government on Friday submitted to Parliament a bill to amend the Indian Penal Code, a set of laws that defines and prescribes penalties for crimes in India. One of the proposed changes is the removal of Section 377 from the current Indian Penal Code.
Indeed, the bill does not envisage any punishment for unnatural sex offenses against men. The bill defines sex crimes as rape as an act by a man against a woman or child. Currently, sex crimes against men are governed by section 377. Section 377 of the Indian Penal Code (IPC) states that "Anyone who knowingly engages in carnal intercourse contrary to the natural order with any man, woman or animal shall be sentenced to life imprisonment. or life imprisonment for a term which may be extended to ten years and also subject to a fine.”
Reacting to the proposed bill, lawyer Niharika Karanjawala Misra said the law must be broad and fair.
"What you overlook is a situation where under no circumstances can a man claim he has been sexually assaulted. You overlook a lot of potential victims," she said.
She also raised concerns for the boys, saying they would not be protected by law from sexual assault after turning 18. “Although we do have POCSO laws that protect boys in the event of sexual assault, this new proposal means that as soon as a boy turns 18, the protection of the law disappears,” she said. declare.
Misra said equal protection and equal responsibility are not extended under sexual assault laws.
Earlier in 2018, a Supreme Court ruling overturned Section 377 of the IPC, ruling that sexual acts between "consenting adults" would not be a criminal, non-criminal crime. effective homosexuality.
"Section 377 criminalizing consensual unnatural sex is irrational, inexcusable, and clearly arbitrary. It was rescinded in part because of a violation of equal rights," a bench consisting of The judge ruled on September 6, 2018. The Supreme Court has said aspects of Section 377 relating to unnatural sex with animals and children will remain in effect.
